HomeMy WebLinkAboutMinutes BZA 06-27-88 231
-CAF,MEL BOARD OF ZONING APPEALS MINUTES -.JUNE 27, 1988
The regular meeting of the Carmel Board of Zoning Appeals was called
to order by Gilbert Kett, at 7:03 P.M., June 27, 1988 at the City. Meeting
_Hall. The. meeting was opened with the Pledge of Allegiance,.
Roll was called and members present were: ,Gilbert Kett, Jeff Davis,
and Ila Badger. Tom Irvin and Hal Thompson were absent.
Staff members present were: Wes. Bucher, Chuck Kiphart, Rick Brandau,
Gordon Byers, and Dorthy,Neisler.
There were no additions or corrections to the minutes of the May 23,
1988 meeting and Mr. Davis moved they be approved as submitted.
Mrs. Badger seconded.
Motion carried.
Mrs. Badger read and submitted, amendments for the May 2, 1988 meeting
on Docket No. S38 -88 and Docket No. V 39 -88 to read as follows:
Mrs.. Badger moved to approved Docket No. S 38 88. as submitted and discussed
this. ev pending the_following stipulations:. 1)" This Approval :is
contingent -upon the review and approval by Kent Ward regarding the drainage
:and retention of water on the parking lot, with poured curbs.. .The Board
wishes for Mr. Ward to .approv,e a will be compatible with
the eventual installation of poured curbs and a paved parking lot, 2) The
petitioner will,apply a:2" binder to all unpaved parking 3) Plans will
be submitted to the Department of Community Development by the petitioner and
Mr. Mrs. Jones outlining the rip -rap erosion• control system that is to be
installed at the Northwest corner of the church property, 4) A plan must be
submitted. to the DOCD outlining the buffer .(consisting.of mounding, evergreen
trees and /or fencing) which shall be installed to shield homes from
car headlights. This work is to be completed by- 1, 1988, 5) A Letter
of Credit from Union-State-Bank shall be, submitted to..the Official File
regarding all proposed improvements, 6) The review and approval of Chief
Couts .regarding. additional fire hydrants must be.. submitted to the Official
•File as per TAC comments, 7) The letter of agreement submitted and signed by
the Carmel Baptist Church to Mr. .Le Mrs. Carol Jones, Sr. and Mrs. Roy
Conner shall be complied with in its entiretyw(which is a part of the
official minutes and attached to the Master Copy)
Mrs. Badger moved that Docket No. 39 -88 be approved as•the church has
._requested granting them a Developmental Standard Variance from installing
curbs immediately. Petitioner will put. a 2" binder-.on entire parking area
for a two year period of time. Plans will have.to be submitted at the end of
this variance to the DOCD showing plans for surfacing all parking areas and
the installation of poured concrete curbing.
G. PUBLIC HEFaRING
1g. 7:00 P.M.,.Pubiic.,Hear.ing on,Docket No. V,51 -88 a Developmental
Standards Variance Application for Lot 69 of Newark,Village.
Petitioner is requesting a variance from section 8.4.6 'of the
Carmel /Clay Zoning Ordinance that required a lot width minimum of
80 feet. Petitioner is requesting to reduce the lot width to
70.5 feet. Parcel is zoned R -2.
Public hearing opened at 7:12 P.M.
June- Stansifer,.i41 7th Street S.E., Newark Village made presentation.
Bought Lot 69 Lot 70 in 1940. Built on Lot 70. Lot 69 is 75' wide.
She has discussed situation,with adjacent homeowners, a copy of which
is attached with homeowners signatures stating no objections (which is a
part of the official minutes and attached to the Master Copy.)
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CARMEL BOARD OF ZONING' APPEALS MINUTES JUNE 27, 1988 Page 2'i
Meeting was .opened for comments from the public.
Carl'_Housmyer,.Lot 68,. requested more information on the drainage and
the'building site side yard requirements.'
'Mr. Brandau stated the department would not issue a permit on a house
that did not meet the ordinance r.equ,irements (staff recommendations attached,
which is apart of the official minutes and attached to the Master Copy).
Public hearing was closed.`at` 7:20 P.M.
Mrs. Badger questioned Mr. Kiphart.if the drainage plan would be
reviewed at the Technical' Advisory Com'rnittee and if such improvements would
be a requirement for Department of Community Development approval.
Items. have been to TAC.
Mr. Davis mo that ~tiocket 51.'88` b'e `appr°'oveid as 'subrnft based
on staff recommend for "the repositioning of `thc+ °drainage swale;.before
any building permit .be issued.
-Mrs. Badger seconded.
Findings of`Fact were competed by the board members.
Approved 3
Motion'carried.
2g...,,7:00 -P.M. Public Hearing on Docket No. V 52 -88 a Developmental
Standards Variance.Application for 1:.:051 Southhampton Court owned
by Mr. Jim Caito....''Petitioner is requesting a. variance from
.Secti.on 6.4,6 of the Zoning Ordinance. Requiring a
minimum-lot width of 100 feet: Petitioner is requesting to
,.reduce the lot width at the building line'to 92.3 feet. Parcel is
zoned 5 -2.
Filed by Noland and Gibson Corporation for Mr. Jim.Caito.
Public'hearing opened.at 7:24 P.M..
Harold.'Gibson from Noland and Gibson made presentation.
Site plan was shown and location given (cnpi es distributed -..to board
members which are on file attity Hall), and request was made to reduce Lot
64 to 92.3' from 100'
No comments were made by public.
Public hearing closed .at 7:27•P.M.
.Mr. „Kett questioned if all.ttbning requirements were met
All requirements have been met.
Mr. "Davis moved that Docket V 52 -88 be approved as submitted.
Mrs. .Badger seconded.
Findings of.fact were completed by board: members.
Approved 3 -0.
Motion carried.
3g. 7:00 P.M. Public Hearing on Docket No.'V 54 -88 a Developmental
Standards Variance Application for A.B. Young Co., Inc., 9655
Bauer Drive, Indianapolis. Petitioner is requesting a variance
•from Section -14.1 of. the Carmel /Clay,Zoning Ordinance, requiring
37 parking spaces for ,a general office building of 1.1,200 square
feet. Petitioner is requesting to permit: 30 parking spaces in
lieu 37. Parcel i.s- zoned B -3.
Filed by..E. Davis Coots for A.B. Young Co., Inc.
CARMEL BOARD OF ZONING 'APPEALS MINUTES.-. JUNE 27, 1988 Page 3 233
'Sheila Marshall, representing E. Davis Coots, 255 E. Carmel Drive made..
presentation. 1
Site. plan for location was shown.,
Bui l d i ng' i s 11,200 square feet and is a general warehouse office, 30
parking. spates (in lieu of 37), employs 5 sales people, 7 servicemen and 11
people at office on a basis, bass, no walk -in business.
Pictures were shown to board members.
No comments were made,by the public.,
Public hearing closed at 7:33 P.M.
Staff recommendations are attached (which is a:_part of the,official-
minutes and attached the Master Copy).
Mrs. Badger asked .if now has 37 parking spaces. And, if so,
how was this ever approved without the required 37?
Ms. Marshall stated they only have'3O, 37 were:originally planned and
when Department of Community Development in their inspection discovered there
were only 3C0.
Mrs. Badger questioned if.open space remaining could be marked
reserved for future parking; so,,.if the building was ever sold they would meet
the parking requirements.
Mr..Brandau stated the.Department would rather see green area rather
than empty parking spaces.
Mr. Davis. stated an immediate. concern was the violation of the project
in 2 regards, 1) that the drainage was not installed correctly as agreed, and
2) parking space requirement was not met.
Mr. Brandau stated drainage plan approved included concrete gutter on
East portion of.property that was never installed. Department has
problem with'the installation of a swale, but whether existing swale. is
substantial to- satisfy,.needs when a, concrete swale was required. City
Engineer has agreed to allow.grass swale, but agrees with DOCD that existing
Swale is not sufficient.
Mr. Brandau stated the present handicap ramp is in a parking space,
and,needs,to be relocated.
Mrs. Badger requested project be tabled _for 30 days until petitioner
can give DOCD some assurance requests will be met.
Ms. Marshall' stated a ,legal•easement owned by Indiana Bell, is where
swale was to be located.
Mr.'Kiphart stated DOCD visited and no swale exists on property
and a Swale area was so designated in approved plan.
Mr. Byers stated board has the right to table petition
'Mrs. Badger moved that Docket V 54 -88 be tabled until they have
complied with all the staff /TAC concerns.
Mr. Davis seconded.'
Motion carried.
TABLED.
4g. 71.00 P. M., Public Hearing on Docket No S 55 -88 a Special Use
Application for Indianapolis Water Company and a-p.arcel of land
located at.11825 Carmel. Applicant is proposing to
construct a water treatment and storage plant. Parcel is zoned
S -1.
Filed by G.S.Lyons, Senior Vice President of Engineering for
Indianapolis Water C
Public hearing opened at 7:47 P.M,
Joe Broyles, Sr. Vice President of Operations of Indianapolis Water
Co. made presentation.
Site plan was shown and location given (on file at the City).
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CARMEL BOARD OF ZONING APPEALS MINUTES =`JUNE 27, 1.988 Page 4
I
Estimated completion of :construction :in 41990, plant will be built in
two stages,. 2nd place to be i n service-in 1992,, rrbuildi ng will set back 4Od'
from River Road, pump across White River, capacity of 24 mgd., will comply
with counties request .to widen Road '18' to 20' in front`of plant, wash
water tank will be sky blue and is 46' tall, building to be built of stone.
Don Woods, 12012 Pebblebrook widening River Road and
if they anticipate more traffic, which is a great concern.
Mr. Broyles stated the.county.r.equested_ petitioner widen road, the
plant has'chemicals delivered once or twice a week, only 2 -3 employees, and
would not create any additional, traffic.
Mr. Byers stated this is a. special use review: The road is _a county
issue, BZA does not have authority to make suggestions to. improve. road. Our
concern would be on -sight generated'traffic.and how.it would access the road.
Don Woods questioned the'biiil,ding set back measurements and
requirements.
Mr. Broyles stated the Size of dictates the set back, building
must be place.above flood way.
Don Woods questioned the type of landscaping.
Bob Miller stated project will'go have large trees, Australian pines,
oaks currently border along North road,- .frontage and south property line, 'at
planting they will be 3 '1/2 4" diameter trees,..there'wi"11 be buffer" along
Mr. Woods property.
Steve Deuser, 11933 Hoster Road, stated his concern of noise level,
trap basin and smell.
Mr. 'Miller stated there should not be any noise, and only one element
of plant could cause noise, a standby diesel electrical generation unit in
case of power failure. There should not be any odor.
Mr. Deuser questioned if there would be protection for children.
Mr. Miller said plant wi°11 be fenced above flood plain.
•Mr. Deuser questioned if he could get water since 'he is, currently on
well.
Marlyn Keller, 11964 River Ave. questioned if petitioner anticipate
drilling wells in the future or if the complete source of water is from
river.
Mr.. Broyles stated they are building the plant to exploit surface
water, but will drill wells for testing. As a large water user,'if any
adjacent wells are harmed, we are responsible, by state law`to make good or
repair whatever damage has been caused.
Bob "Green, 11968 River Road,.questioned if River Avenue is going to be
torn up during construction and if any ma would:run'down River Road.'
Mr. Miller stated they will not run water.mai ns downRiver Avenue,
will put in sewer to connect to Carmel, '.will roads we tear up..
Letter received from Mr. Safford in support of project was read by IMr,
Kett and entered into the minutes (which is apart of the official minutes
and attached to the Master'=Copy)
'Mr. Miller reiterated that if any harm is done to existing water
supply, state requires under a new a 1 arge •water user must.:correct,
replace or dig a' deeper well or service for'effected homeowners.
Public hearing closed' at P M..
Mr. 'Brandau sta that staff has talked withMiller petitioner
understands" viewpoint from DOCD and concerns from Jim Daugherty of Carmel
Utilities Department regarding water- flow taken away from White River. Those
concerns would need to be worked out. with Indianapolis Water Company and City
of Carmel. Mr. Brandau requested this be part of motion._
Staff recommendations. attached: (which is 'a part of the official
:i nutes and .;;..k. L.'..ched to the Master .opv k
235
CA'RMEL BOARD OF ZONING "APPEALS MINUTES JUNE 27, 19813 Page 5
Mrs questioned the Percentage of water that is treated at this
plant. whether water will go i nto Carmel service system
Mr. Broyles stated that none ,of it will go into Carmel System, plant
1is for unincorporated areas on East ,side of White River.
Mrs. Badger asked why plant wasn't built on "the East side of River
Road?
Mr: Broyles stated .the =site "for, plant has to be on high .ground, above
floodway and adjacent to a'stream.
Mrs, Badger stated her resentment that citizens of Clay Township have
,to put. up with this plant that doesn't even serve us.
Mr. Broyles 'stated.they Will 'Serve anyone in Carmel that Carmel does
not. serve.
Mrs. Badger 'questioned the height of water tower.
Mr..,- Broyles stated °watertower is 46' in height, building is 25' high.
Mr. Kett :questioned how ,,far is water tower from road.
Mr. Broyles stated approximately 660'. In addition, the West side of
"Carmel, Meridian Mark and St.' Vincent's.Hospital and everything South of
106th Street is serviced 'by ,Indianapolis Water Co. from Eagle Creek
Reservoir. Similar -plant is on Stith street where closed home is East and
South about 350'
Mrs. Badger questioned if the Mayor's office was aware of this
project, and if they have been working with Indianapolis Water Co., and if
they have any concerns.
Mr. B stated that the. Mayor's concerns are working out the
details of water usage and .how this plant will effect Carmel sewer
plant,
Mr. Davis questioned how much more property does petitioner own North
and South of this area ,and.if,itis correct that plant will not produce more
water?
Mr. Broyles stated what you see is our property line. We produce
more treated additional 25'mgd.
Mr. Davis questioned_ if. the_ 5 million gallon reservoir is.entirely
underground? Mr. Broyles stated that.is correct,
Mr. Davis questi.oned.how head pressure was developed and depth of
reservoir.
Mr. Broyles stated that high :lift pumpage from inside develops head.
pressure and water depth will be 8'. the basement of'pumping station being
deepest point. Welts needed to dewater to build.
Mr. Davis questioned.if they anticipate using wells, or water from
ground supply, only water from the.River.r
Mr. Broyles stated they will not abandon welds, on this site. But it
is -,less expensive to treat.water of out streams.
Mr. Davis questioned the potential capacity of this plant when
completed
Mr. Broyles stated 24mgd, but"if additional water was•available, the
size-of the' plant :could double.
The water "treatment .structure •i s locate above 100 year flood l evel by
2'.
Mrs. Badger questioned having any outside storage, trash receptacles
or a loading dock?
Mr.Broyles stated there will not be any outside storage or trash area
and that loading dock is in. the fenced area on South elevation and will not
be visible from any street or home, partially screened with limestone.
Mrs. Badger questioned the signage, paved parking, poured concrete
..curbing,and exterior lighting.
Mr. Broyles stated no signage is proposed, some security lighting,
as mercury vapor. light, dusk to dawn, shielded down is planned,. no
parking in front of plant, parking area will be paved with poured in place
concrete curbing.
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CARMEL BOARD OF ZONING APPEALS MINUTES JUNE 1988 Page 4
Mrs. Badger questioned th'e length of time it, w i l l take to-reach an
agreement with the City of Carmel as to the_ effect this will have on Carmel
Sanitary Sewer System.
Mr. Broyles h discussed this with Jim' Daugherty and it has already
been accomplished.
Mrs. Badger would like'to table this for 30 days until the petitioner
comes in with. an absolute total lighting plan, a picture of light fixtures,
`until Indianapolis Water Co: works .out an_ agreement with ,the city and, until
we see a'letter from Mayor Hancock.:or... J.i,m,Daugherty in regards to Staff
I concerns.
Mr Davis feels 30 days i's.. a •.r l.e amount of- time.
'Dale, B. Luther., President of Indianapolis Water Company, 11334 Lake
Shore.Drive West, stated that 3U days puts.a severe delay on us.,'petitioner
will assure whatever' board wants submitted and`.wi.11ingness.to wor -k out
'probl'ems,.
Mr. Kett stated that he felt that a motion could be made with a
contingency.
Mrs..' Badger questioned length of time_ they have• owned the land?
Petitioner does not own land yet, purchase is depending o n action from
this board.
Mrs., Badger-; questioned what Comprehensi ve Plan for area':
Mr. Kiphart: stated it shows medium intensity residential.
Mr. Davis. moved that we approved Docket No S 55 88'based on'the
solution of the concerns of Staff /TAC detailed.- lighting plan,. detail
fencing material plan and the understanding the board will hold petitioner
to your word to resolve problems.
Mrs
Mrs.. Badger asked if there were any further .concerns, from the public
at this time?
Marlyn Keller questioned if-there was. to be an. aerator "a ny exposed
water, the tank location in f ront.. and how much dirt would be on top of 'the
tank in front?
Mr. Broyles stated there' isno noise'from an aerator, and the two feet
.of. dirt on top, of the tank and wi l l be. a green area,.
Mr. Dueser ,expressed concern regar.d.ing the 4 'story tower. Mr. Broyles
stated ;tank is 6070'; from road and painted blue to blend with sky.
Mrs. `Badger questioned if th -is is a' S 1 zon'ing,' why must petitioner
meet requirements for setback but .not for..height of tower.
Mr. Kiphart' there is-.a provision that allows'residential
structure to go up. to :3,5" provided 'they had additional: rear and side yards,
water tower is not prohibited, and City has-a letter from airport stating
height of tower is not a ,problem..
Mr. Deuser questioned if the wells go ..dry, is Indy Water responsible
for sulphur .smells in the water, ,,whi'ch... is currently happening.
Mr. Broyles stated by state law are responsible for'any harm'of
your drinking water supply, and we`will make it good.
Bob Green questioned the bench .mark used'for plant location.
Mr. Broyles stated 742"-Street level, 752 -754' for the operating
plant. Plant will not affect the fish or wildlife.
Ear.l..Safford spoke in favor the project, best thing that could
happen to, Williamson.Farms. His.well It 76' and'does not have any problems.
Mr Kett restated the motion as- follows:'
Docket S 55 88 be .'approved as submitted with the following
'contingencies: This special use be contingent upon. proof of all -requi red
permits and other city departments review including the Engineering
'Department, Utility Department,: of Community. Development, etc., that
the Indianapolis Water Company reach:-.a mutually acceptable agreement with the
City of Carmel as to the effort of this facility upon the Carmel Sanitary
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CARMEL BOARD., OF ZONING APPEALS MINUTES JUNE 27, 1988 Page 7
'Treatment Plant prior to issuing.of any building permits, that all Federal,
State,•County, and City guidelines must be met, that as construction proceeds
and when the time is appropriate a detailed lighting plan be submitted for
f approval,, that a clarification of the type of fencing wall in a more detailed
fashion be submitted, that it must be 'noted that the officers of the
Indianapolis Water'Company stated that their intention is to follow these
things -.in good faith and be a good neighbor to the residents in'the area and
hopefully. residents_ will be frilly protected in the event any problems that
might access to their wells with suchprotection be immediately under
..state provisions, and finally conditional upon meeting TAC recommendations as
"stated in the minutes of- the June 27th TAC meeting
Findings Fact were.completed by the board members.
;Mote was. 2 for and 1= against (I 1 a Badger)
Non- decision vote.
Mrs. Badger requested attorney and council to review Sec. 26.1.4 for a
report at later...date.
'Petitioner does not'require another public notice to be on next months
BZA Agenda
H. NEW BUSINESS
ih. 7:00 P.M., Public Hearing on Docket No., SUA 53 -88 a Special Use
Amendment Application for Gerald and,Ruth B. Curry owners of the
9700 Lakeshore-Drive Center. Petitioner would like amend
their special use application S 40 -87 to allow illuminated
letters on the facia and to install perimeter light in the
parking areas.. Parcel is zoned'B -3.
Filed by Gerald and Ruth B. Curry.
Gary Kirklin, contractor, 405 S. Walnut, Muncie, Indiana made
presentation.
Booklets were passed out to board members.
.Sign, previously approved, will have illuminated lights, building
leased to.Lakeshore Deli, which is open in" the evening, lights to.be
installed in the parking lot, 14' high, single bulbs, Hali light.
Mrs. Badger questioned .the ownership of the Deli, if owner was_awar.e
there was to be no outside'storage and whether a'trash'receptacle outside was
planned.
Mr. Kirlin stated that the owner is Dan Walls, a Carmel resident,
caterer for Woodland:. Country Club, there would.be no outside storage or
additional trash receptacle, and lighting standards will not exceed 14' in
height.
Mrs. Badger moved that`Dock'et No. SUA 53 -88 be approved as submitted.
Mr. Kett seconded:
.Approved 3 -0.
2h 7:00 P.M. Public. Hearing on Docket.No. SUA 56 -88 a Special Use
Amendment Application for Donald'M.. Stephen M. Cochran and
their property located at 1118 S. Range Line Road, Carmel.
Petitioners are requesting to amend their previously approved
special use to change the following.:
1) Poured in-place full depth curbs to pre -cast 6" nail down
curbs at the rear of the property and from pre -cast 6" nail down curbs to no
curbing at front of the property.
2) Landscaping has been reduced.
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CARMEL BOARD OF /OWNS APPEALS MlNUTES -,JUNE 27, Page ,8 n
Detention has been moved from the parking area to the rear of
the property.
4) Drain tile will be reinstalled to, conform with the previous
plan and to match this proposed, plan..
5)`The, parking area installed does not match_ what was approved
nor does.it match the proposed, plans...
b) Sign'has been moved to be in line with.- the.other signs along
Range Line Road, it does meet `s;ign, ordinance requirements and- has.permit.
I Petitioner i s requesti ng' approval of these plans proposed..
Parcel is zoned at-3.'
Filed by Donald'M. &'Stephen M. Cochran.
Petitioner requested, project be tabled due to absence of 2. voting
members.
Request granted.
There was no further business brought before the board, and the meeting
was adjourned at 9:34 P:,M.
Chairman Secretary